Lena Mullahon, Administratrix of the Estate of Glenn Chiquito, Deceased v. Union Pacific Railroad, a Utah Corporation

Plaintiff-Appellant Lena Mullahon brought an action under the Federal Employers Liability Act (“FELA”), 45 U.S.C. § 51 , alleging that Defendant-Appellee Union Pacific Railroad (the “Railroad”) is liable for the death of an employee, Glenn Chiquito, who was murdered by a fellow employee, Roberto Perez. Mullahon, administratrix of Chiquito’s estate, appeals the district court’s grant of summary judgment in favor of the Railroad. The district court found that Mullahon could not hold the Railroad liable for Chiquito’s death under a theory of respondeat superior because the murder was not committed in furtherance of the Railroad’s business. It also found that Mullahon could not succeed under a direct negligence theory because no supervisor of the Railroad could have reasonably foreseen the murder.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part. We agree that Mullahon cannot proceed under respondeat superior for Perez’s act of shooting, but hold that she has raised a genuine issue of material fact as to the Railroad’s negligence by the act of another employee. Under the liberal evidentiary standards applicable in FELA cases, Mullahon has…